5.0
1000+ Google reviews
The crash is over in seconds—but the aftermath can often feel endless. One moment you’re merging onto the 163 or easing through Mission Valley traffic, and the next you’re staring at a cracked windshield, the chemical smell of airbags catching in your throat, and your heart racing.
In that moment, your first thought is not going to be: “What does California law require?” It is almost always: “What must I do now?” The San Diego car accident lawyers at HHJ Trial Attorneys have been through that exact scenario with hundreds of clients. The steps below come directly from that real-world experience helping injured people rebuild their lives.
We are San Diego’s Award-winning personal injury law firm. In the last three years, our San Diego personal injury lawyers have won tens of millions in settlements and verdicts for our clients. HHJ Trial Attorneys have been featured in the San Diego local news (ABC 10News San Diego) for recovering some of most challenging personal injury cases in southern California.
Defense offered $350,000 before trial
Defense offered $0 before trial. Largest therapist sexual abuse jury verdict in San Diego County.
Defendants offer was $150,000 before trial. We got 17 times the offer at trial for our client.
The first day after a crash is usually a blur. To keep it under control, it will help to remember only three very important steps: Check. Capture. Call.
The rest of this guide explains each step in a bit more detail so you don’t have to struggle figuring it all out on your own.
The first order of business is always your safety. If you’re not too injured to move without harming yourself, make sure your passengers and others involved in the collision are safe. When someone seems injured, traffic is blocked, or vehicles are in danger on I-5, I-163, or a busy surface street, call 911 immediately. Emergency responders must secure the scene to prevent further incidents and provide medical care.
Do not make the typical mistake of writing off your ‘minor’ stiffness or aches. The golden rule is: “It’s just not worth skipping the medical evaluation, despite thinking you’re okay.” You could have a concussion, soft-tissue damage, whiplash, or even worse, internal bleeding. Some of these injuries will only reveal themselves hours or days later, at which time you could have caused severe damage. Besides, you must have a medical record when attending to the aftermath of the collision. Always assume you will need proof, if not now, later.
You are required by California law to report crashes to law enforcement when someone is injured, when there’s substantial property damage, and especially if someone was fatally injured. A San Diego Police Department or CHP officer must visit the scene and write a report so that there’s an official record of what occurred, who was involved, and the conditions at the scene. For example, time of day, traffic congestion, weather, road conditions, and so forth.
Sometimes, especially in cases that look like minor fender benders, officers may not come out to the scene. If that happens, you should still file a report through the City of San Diego’s online system or at a local station. Ask for a copy of the report, because your attorneys may need it later to support your version of events.
If you’re physically able and it’s safe, take a few minutes to gather as much evidence as you can before leaving. Use your phone to shoot images of:
Write down the date, time, exact location (for example, “northbound I-5 near downtown” or “intersection of El Cajon Blvd and 70th”), and the weather and traffic conditions. If there are witnesses, politely ask for their names and contact information. These details can help your lawyer and accident reconstruction specialists, who’ll want to recreate how the collision occurred and who caused it.
Exchange Information But Do Not Hint at Blame
You’ll need to share information with the other driver or drivers. Just steer clear of apologizing or arguing about who caused the collision. Remain polite, as calm as you can, and make only short, factual comments.
Details you’ll need from the other driver:
If there are any passengers or witnesses who stopped at the scene, get their contact details as well. It will come in handy if your attorney wants to follow up with them later. Simply stating, “I’m glad you’re okay” is enough. You don’t have to say, “I’m sorry” or “It was my fault,” even if you’re in a state of shock; the less said, the better.
From what we’ve seen over the years of supporting San Diego car accident victims, there are a few simple things people often regret after being involved in a car accident:
These small steps right after the incident can make your claims process much smoother months down the line.
As soon as your medical needs are sorted out, you must report the collision to your own insurance provider. Policies usually expect you to notify them of an accident as soon as possible after the incident.
When you talk to an adjuster, speak only about the accident and stay on point. All you need to tell them is what happened, where it occurred, the approximate time, and which parties were involved. Don’t guess; if you’re not sure about something, say, “I don’t know.” Don’t minimize your pain, and don’t blame. Definitely, do not apologize! Adjusters have all been trained and have extensive experience listening for phrases and words that can help them pay you less.
It’s prudent to let your attorney manage in-depth communications and negotiations with insurance companies. Keep a basic log of every conversation for yourself: dates, times, who you spoke to, and what was said. Shocked accident victims naturally need notes so they don’t forget important facts or developments, particularly when disputes arise some time after the crash.
Nowadays, posting about life events is as common as sitting in traffic, especially sharing a frightful incident that you survived. However, after a crash, what you post on Facebook, Instagram, or TikTok can, in fact, damage your case.
Insurers have no qualms and will even scan your social profiles to find something they can use to diminish your case and the damages you can claim. A casual everyday post about “feeling better” or “I’m okay!” A “back-in-gym” selfie or a weekend picnic will be used against you to argue that your injuries are less severe than you say they are.
Once you’ve managed the initial chaos, it’s advisable to consult an experienced San Diego car accident lawyer at your earliest convenience. The sooner you get a knowledgeable accident lawyer on your side, the easier it is to preserve evidence and avoid mistakes that can damage your case.
At HHJ Trial Attorneys, we:
We handle car accident cases on a contingency fee basis. That means you don’t pay any attorney’s fees unless we win your case and win a fair payout.
Keep all accident-related documents in one place.
This includes:
You’d be wise to also hang onto auto repair estimates, invoices of vehicle repairs, towing invoices, and car rental receipts. Together, these records will paint you as a prepared, assertive individual who is ready to fight for what’s right.
California’s statutes of limitations strictly control how much time you have to file a lawsuit after a car accident. Most often:
There are exceptions when a government vehicle or agency is involved, in that timelines are often shorter. Therefore, should you miss the deadline, you could entirely lose your right to seek compensation. However, if it is in your power at all, speed is of the essence after a car accident in San Diego. Don’t hesitate to ask for help, whether for personal injuries or damage to your property.
By contacting HHJ Trial Attorneys early, you give your legal team time to thoroughly investigate and develop your case. We know which documents to file and do so correctly.
You could feel bewildered in the days immediately after a car wreck, which is natural. But you don’t have to go it alone. Just focus on the “Check, Capture, Call” steps—safety, see a doctor, and keep notes of the incident. Then reach out to a qualified San Diego car accident lawyer to protect your health and legal rights from day one.
If you or a loved one has been injured in a crash in San Diego, contact HHJ Trial Attorneys to talk about your options and learn how our team can help you pursue the compensation you deserve.
